Impaired Trucking Accidents in Goldsboro: 10 Frequently Asked Questions

An impaired trucking accident happens when a commercial driver, such as someone holding a CDL – Commercial Driver’s License, operates a large vehicle while under the influence of alcohol, illegal drugs, or medications that affect clear thinking. Federal regulations require stricter standards for commercial drivers, and North Carolina sets a lower legal limit of 0.04 blood alcohol concentration (BAC) for those who drive large trucks.

Evidence of impairment may appear in a police report, breath test results, or field sobriety evaluations. When trucking accidents occur in places like Highway 70 near Mount Olive or on Interstate 795 heading into Goldsboro, the consequences can be catastrophic.

Commercial trucks, including 18-wheelers, can weigh twenty to thirty times more than passenger cars. Their size and weight lead to greater force on impact. If an impaired driver fails to brake or steers recklessly, other vehicles in the path of a fully-loaded truck may face a devastating collision.

Braking distances also increase with heavier loads, and impaired drivers react more slowly. This combination makes high-speed accidents on local roads or highways far worse than standard car wrecks. People who survive these crashes might deal with severe trauma, multiple fractures, brain injuries, or permanent disabilities. It’s normal for people forced to be out of work for extended medical care to wonder how they’ll pay for treatment and support your famiy.

Yes. North Carolina allows the defense of contributory negligence, which bars recovery if you share even a small portion of fault for your injuries. The fact that you are injured due to the negligence of an impaired truck driver does not automatically mean you can collect compensation. Even if the at fault party is 99% responsible for the accident, contributory negligence in North Carolina could be a problem. Insurance adjusters know this and occasionally allege “contrib” even when that is inconsistent with both the fact pattern and the law of North Carolina. It’s profitable for them to do so. As such, they make money by hurt you and your legal claims, which some might say adds insult to a very literal already existing injury.

At the same time, a drunk or drugged driver may face difficulty claiming another party contributed to the crash. The last clear chance doctrine may also apply if the impaired truck driver had the final or last opportunity to prevent a collision but was further negligent in failing to do so. Determining whether contributory negligence or last clear chance applies can be complicated, which is one reason why legal counsel may help.

Yes, there are additional rules for CDL – Commercial Driver’s License drivers. Commercial trucking is regulated under Federal Motor Carrier Safety Regulations (FMCSRs). These rules address driving limits, mandated rest breaks, and stricter BAC standards. For instance, a commercial driver’s license holder typically faces a 0.04 BAC limit. Drivers may also need to comply with regular alcohol and drug testing by their employer.

When a commercial driver violates these regulations, it can strengthen an argument for negligence or recklessness. However, even clear violations do not guarantee a specific outcome. Gathering records, logs, and any test results is an important step if you believe a commercial driver was impaired.

Always prioritize safety and health. If you or anyone else is hurt, call 911 immediately and request an ambulance and EMT help. Tell the police if you suspect the truck driver is under the influence, whether it’s alcohol, prescription medication, or another substance. Officers will likely want to conduct on-site tests or gather statements that reveal possible impairment.

If you can do so safely, gather details such as the truck’s license plate, the driver’s name, and insurance information. Taking photos or a short video of the vehicles, skid marks, and traffic signals may help investigators later. Keep copies of medical records and treatment plans to show how the crash affected your health. These documents can serve as evidence if you need to file a lawsuit for full and fair compensation. They’ll also be necessary to prove a claim for damages.

Yes. Driving While Impaired (DWI) is a criminal offense in North Carolina, and commercial drivers often face stricter penalties due to the potential threat posed by large trucks. Both NCDMV and the court (the judge) may have the authority to revoke a commercial license. If the CDL driver is convicted of impaired driving while operating a commercial vehicle, the judge may also impose fines, or order jail time in appropriate circumstances, like when the victim suffers serious bodily injury. Those penalties, however, do not necessarily pay for an injured person’s hospital bills or lost wages. In many if not most instances, a civil cause of action may be required. 

The separate civil claim ordinarily seeks compensation for your losses, such as medical costs, missed work, and the effects of long-term injuries. A conviction in criminal court does not automatically ensure a successful injury claim, but it may help when negotiating with insurance carriers or presenting your case to a judge or jury. It may still be necessary to file a civil lawsuit or negotiate a settlement to address damages, including punitive damages, pain and suffering, and if a fatality results, a wrongful death claim and cause of action. 

Insurance carriers generally work hard to protect their bottom line, even when the truck driver’s impairment and negligence seems obvious. They may deny liability or argue that the person who was hurt did something to cause the wreck. If you receive calls or letters from an adjuster, proceed carefully. Adjusters can appear helpful but are not on your side.

They might suggest you give a recorded statement or sign documents that limit your future claims. This approach sometimes happens quickly, before you realize the extent of your injuries or long-term needs. Talking with an attorney who understands contributory negligence and local rules in Goldsboro may help you avoid mistakes that reduce your ability to recover damages.

If you’re the victim of an impaired commercial driver, damages for a variety of losses may be available, such as:

• Medical Expenses: Ambulance rides, surgeries, rehabilitation, or home health care.
• Lost Wages: Income lost while recovering or future income if injuries affect long-term employment.
• Physical and Emotional Distress: These damages cover the strain that serious injuries bring to everyday life.
• Property Damage: Repairs or replacements for a totaled car or personal items.
• Punitive Damages: While they are not automatic, civil punishments for dangerous behavior like drunk driving while driving an 18-wheeler is a common claim.

In grossly negligent and exceptionally reckless driving scenarios, punitive damages may also come into play under North Carolina law. Everyone knows the risks of driving under the influence and the consequences of choosing to ignore the rights and safety of others. That’s particularly true for CDL “big rig” drivers. They very much understand the dangers of driving on the roadways and the substantial likelihood of life changing damages when a 50,000 pound truck smashes into a car.

In North Carolina, the statute of limitations sets strict deadlines for filing lawsuits in court. For most personal injury claims, including trucking collisions, you generally have three years from the date of the accident to file. For wrongful death cases, the deadline is shorter—two years from the date of the fatality.

It’s important to understand that filing a claim with an insurance company is not the same as filing a lawsuit. While insurance claims are often part of resolving a case, they do not stop the statute of limitations from running. If you miss the deadline to file a lawsuit, you may lose the right to seek compensation through the courts—even if you’ve been negotiating with the insurer.

Taking too long can also harm a case in other ways. Evidence, such as surveillance footage, road markings, skid marks, and accident debris, may disappear, and witnesses may move away or forget key details. Consulting a lawyer early in the process helps ensure that your rights are protected, and it allows for a thorough investigation while memories and evidence remain fresh.

Hiring a lawyer is optional, but folks in Wayne County seem to appreciate having a professional handle insurance companies and gather key evidence. Commercial trucking cases tend to involve large policies and multiple parties, including trucking companies or employers who may bear responsibility. Sorting through logs, corporate records, and potential regulatory violations can be complex.